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(영문) 부산지방법원 2020.04.22 2019나48608
건물명도(인도)
Text

1. Of the judgment of the first instance, the part against the Defendants, including the Plaintiffs’ claims added by this court, is as follows.

Reasons

1. Facts of recognition;

A. On September 1, 2015, the Plaintiffs purchased each building listed in the separate sheet from H and I (hereinafter “the instant real estate”) and from 310 square meters in the Busan Jin-gu, Busan, for 390 square meters, for Mbu 256 square meters in size, and 140 square meters in forests and fields. On October 23, 2017, the Plaintiffs completed the registration of ownership transfer for 1/2 shares of the buildings listed in the separate sheet No. 1/2 in the separate sheet, and the buildings listed in the separate sheet No. 2 in the separate sheet are unauthorized buildings.

B. On December 3, 2009, Defendant G occupied and used each of the buildings listed in the attached Table Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 2 in the attached Table No. 51 square meters and the attached Table Nos. 51 among the buildings listed in the attached Table No. 1 after filing a move-in report on the instant real estate on December 3, 2009, the Defendant G occupied and used each of the buildings listed in the attached Table No. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 5. Defendant G occupied and used the attached Table No. 33, 4, 444, 45, 46, and 33 in the attached Table No. 1 attached hereto.

(2) Of the instant real estate, the part possessed by the Defendants among the real estate in this case is indicated only as “three-dimensional parts, dives, and e-mail parts”). [Grounds for recognition] there is no dispute, entry of evidence No. 1-3 and evidence No. 5, and the result of the commission of surveying and appraisal to the Vice-Governor of the Korea Land Information Corporation in Busan, Busan, of the first instance court, the purport

2. The facts that the plaintiffs, as to the cause of the claim, are the owners of the instant real estate (the ownership of the building on which the plaintiffs are4) and that Defendant F is the owner of the instant real estate; that Defendant G is possessing and using the five parts; that Defendant G is the owner of the instant real estate; that, barring any special circumstance, Defendant F is liable to deliver the five parts; that Defendant G is the owner of the instant real estate; and that Defendant G is the owner of the instant real estate, and that it is liable to deliver the parts on which the C

On the other hand, the plaintiffs asserted that they illegally constructed the section of the dival building by Defendant F, and against Defendant F, the removal of the section of the dival building and the transfer of the land.

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